Law:

Section:

Penal Code (XLV of 1860)------Ss. 302(b)/34 & 324/34-Constitution of Pakistan (1973), Art.185(3)---Petition for leave to appeal was barred by 640 days for which, no plausible 'explanation had been furnished---Eight persons including an Unborn child of eight months had lost their lives in the case, who had been brutally murdered by the accused---Case against accused admittedly was not one of mistaken identity---Two injured eye-witnesses, real cousins, had categorically deposed against the accused, who had furnished irrefutable ocular account of the occurrence---Motive had also been believed by both the Courts below---No legal infirmity, irregularity, misreading or non-reading of evidence had been pointed out in the impugned ---Leave to appeal was declined to accused both on merits as well as on the point of limitation in circumstances. Muhammad Zaman Bhatti, Advocate Supreme Court for Petitioners. Nemo. for Respondent. Date of hearing: 11th October, 2005. JUDGMENT ABDUL HAMEED DOGAR, J.--- This jail petition is directed against judgment, dated 23-7-2001 passed by a learned Division Bench of Lahore High Court, Multan Bench, Multan, whereby Criminal Appeal No.193 of 2005 filed by the petitioners was dismissed and the conviction and sentence awarded by the learned trial Court were maintained. 2. Briefly, stated, the facts of the case are that accused Iftikhar, petitioners Muhammad Aslam and Muhammad Arshad were the sons of Muhammad. Iqbal, who was killed in a police encounter. The accused were stated to be thief by profession and for this reason their paternal-uncle Muhammad Zafar ousted them from the village while taking the possession of their land. Iftikhar was arrested in a case under Arms Ordinance and was to appear before the Illaqa Magistrate, Arifwala. His brothers petitioners Muhammad Aslam and Muhammad Arshad had gone there to meet him. Niamat and Siddique P.Ws. who were the relatives of both the parties also came there to effect a compromise and in their presence Iftikhar instigated his brothers to eliminate Muhammad Zafar and his entire family. In the night between 21/22-4-1993 at about midnight petitioner Muhammad Aslam armed with .7 ,mm rifle…

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